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CHIEF NAFIU ALABELAPA v. MR. LAMIDI AJISEFINI

(2017) JELR 37536 (CA)

Court of Appeal  •  CA/I/94/2010  •  23 Jun 2017  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice A. O. Ogunlade J. delivered in the High Court of Osun State sitting at Ejigbo on 19th day of March, 2009.

The Respondent as Plaintiff brought this action by a Writ of Summons and Statement of Claim dated 9th day of January, 2006 as contained on page 3 of the record. By paragraph 28 of the Statement of Claim, the Respondent claim as follows:-

WHEREOF the Plaintiff claim against the Defendant.

(i) Declaration that the Plaintiff is entitled to a statutory right of occupancy in respect of the piece of land situate, lying and being at Abodun's Compound, Isundunrin.

(ii) N100,000.00 being special and general damages committed sometime in 2004 and still being committed on the land in dispute by the defendant.

(iii) Perpetual injunction restraining the defendant, his agents or servants from committing further acts of trespass on the land in dispute.

The antecedent to the action…

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